David S. Wisz

David Wisz regularly represents insurance companies and their insureds in a variety of civil litigation matters. His broad insurance litigation experience ranges from personal injury defense (including motor vehicle negligence, premises liability, wrongful death, construction jobsite injuries, and toxic torts), construction defect litigation, landowner disputes, and homeowners’ association litigation. He also regularly counsels insurance companies in matters of insurance coverage, and represents both carriers and insureds in litigation arising out of insurance coverage disputes.

A litigator by training, David has served a first-chair counsel in more than 100 jury trials across 15+ counties throughout the State of North Carolina, represented parties in hundreds of mediation conferences, and taken more than a thousand depositions.

Some of David’s representative experience includes the following:

• Obtained a favorable commercial arbitration award in favor of a financial institution that was alleged to have breached a software licensing agreement. The claimant software company sought in excess of $4,000,000 for alleged breach of contract and unjust enrichment damages in excess of $20,000,000, but the arbitrator awarded software licensing company only $13,000 in damages and ordered them to reimburse a percentage of the financial institution’s attorneys fees incurred in defending the matter.
• Obtained a bench trial verdict in favor of an insurance carrier sued by a former insured who alleged that the carrier had improperly denied fire loss claim under homeowner’s insurance policy due to erroneous cancellation of the policy.
• Obtained favorable jury verdict in motor vehicle negligence action brought by parents of minor child who had severe pre-existing disabilities and claimed post-traumatic stress disorder a result of flashbacks of the accident. Plaintiffs asked jury to award $150,000 to 200,000, but verdict returned for only $22,500.
• Represented general contractor in a lawsuit filed against a county board of education for damages incurred upon the termination of a contract for the construction of a school building. Jury verdict rendered in favor of the general contractor.
• Represented flooring installation subcontractor in a lawsuit filed against them by a national restaurant chain alleging defective work in more than 100 installations across multiple states. A favorable settlement reached while motion for summary judgment was under consideration by the trial court.

David graduated magna cum laude from St. Bonaventure University, earning a B.B.A. in Marketing with a secondary concentration in Management Sciences. He then attended the University of Kentucky College of Law, where he earned his J.D. degree with High Distinction, was Order of the Coif, and served as a Notes Editor on the Kentucky Law Journal.

David and his wife, Kate, a federal administrative law judge, are the proud parents of triplets who are currently in college. In his spare time, David enjoys spending time with his family (including pets), reading, and exercise (having completed 50 marathons and currently ranking as a 3rd Degree Black Belt in Taekwondo).

Education

• St. Bonaventure University, B.B.A., magna cum laude, 1991
• University of Kentucky, J.D. with high distinction (Order of the Coif), 1994

Jurisdictions Licensed

• N.C. and Kentucky State Courts
• United States Supreme Court
• U.S. Court of Appeals, Fourth and Sixth Circuits
• All N.C. U.S. District Courts
• U.S. District Court – Eastern District of Kentucky

Reported Cases

• John Wm. Brown Co., Inc. vs. State Employees Credit Union, __ N.C.App. ___, 752 S.E.2d 185 (2013) – enforceability of settlement reached between owner and surety over the objection of the general contractor
• Nationwide Ins. Co. v. Bourlon, 172 N.C.App. 545, 617 S.E.2d 40 (2005), aff’d per curiam, 360 N.C. 356, 625 S.E.2d 779 (2006) – nature and extent of attorney-client relationship in tripartite relationship between insurer, insured, and defense counsel retained to represent the insured
• Leverette v. Labor Works Int’l, L.L.C., __ N.C.App. ___, 636 S.E.2d 217 (2006) – affirming summary judgment in favor of temporary employment agency against allegations of Wages and Hour Act violations by purported class action of temporary workers
• Ha v. Nationwide Gen. Ins. Co., 266 N.C. App. 10, 829 S.E.2d 919 (2019) – proper cancellation of homeowner’s insurance policy.
• Kirkland’s Stores, Inc. v. Cleveland Gastonia, LLC, 233 N.C. App. 119, 733 S.E.2d 885 (2012) – proper venue in lawsuit for breach of commercial lease agreement.

Professional Affiliations

• Wake County, North Carolina, Kentucky and American Bar Associations
• N.C. Association of Defense Attorneys (Board of Directors 2019 to 2022; chair of General Liability Practice Group 2017 to 2019)
• Defense Research Institute

Community Involvement

• USA Swimming – Stroke and Turn official (2015 to present)
• Taekwondo America – Level 4 Instructor – at Peck’s Taekwondo (2017 to present)
• B.S.A. Troop 314 – Assistant Scoutmaster (2012 to 2018)
• Exploris Middle School – PTO Vice-President of Building & Grounds (2013 to 2015); parent representative on Strategic Planning Committee; assistant coach – Bridge Building Club
• Partnership Elementary Foundation – Board Member (2010 to 2015); President (2010 to 2012)

Honors and Recognition

• AV Rated – Preeminent (4.6/5.0), Martindale-Hubbell